Archives by: Garrett Epps

Garrett Epps

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Garrett Epps Posts

Can a Lawyer Declare His Client Guilty?
On a television lawyer show—take The Good Fight, the best of the genre currently available—a legal case is all about the lawyers. In a typical episode, for example, ...

The Supreme Court Says Congress Can’t Make States Dance to Its Tune
In Thomas Mann’s haunting short story, “Mario and the Magician,” a young Italian man challenges a traveling hypnotist to a contest. Can the sinister Cavaliere Cipolla make him ...

A Bill to Curtail the Forever War, or Extend It?
As we lurch through the second year of Trump administration, it’s hard to know whether to just give up the whole rule-of-law thing or rejoice at the very ...

The Supreme Court Appears Poised to Bless Trump’s Travel Ban
“What if the military advisers tell the president that, in their judgment, the president ought to order a strike, an air strike against Syria,” Chief Justice John Roberts ...

The Travel Ban’s Ignominious Precedents
“When the government wants to do something, it has to give a reason,” former acting Solicitor General Walter Dellinger once said. “When it wants to do something bad, ...

The Unconstitutional Strike on Syria
For a constitutional lawyer, the Trump administration requires a crash course in obscure parts of the document—the Emoluments Clause? The “Inferior Officers” Clause? Really? But equally challenging is ...

How <i>Wild Wild Country</i> Explains Religious Freedom in America
My students know that I have based my life on television’s teachings. Hour-length dramas, sci-fi and fantasy shows, and even nighttime teen soap operas (don’t get me started ...

The Supreme Court’s Choice on Partisan Gerrymandering
Many students choose law school after getting their freshman math grades, and law-school curricula make little attempt to build numeracy among these refugees. Because complex issues inevitably involve ...

A Battle Over Abortion and Free Speech
Anyone who wants to understand National Institute of Family Life Advocates v. Becerra, which the Supreme Court will hear Tuesday, would do well to start with a viewing ...

When Republicans Attack States’ Rights
“Federalism was our Nation’s own discovery,” Justice Anthony Kennedy wrote in 1995. “The Framers split the atom of sovereignty. It was the genius of their idea that our ...